Our Curious Amalgam

American Bar Association

Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

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391 episodes
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Episodes391

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Oct 3, 2022 · 30 min
#189 What's at Stake Here? Issues With the State Antitrust Enforcement Venue Act
Compared to other proposals to reform the U.S. antitrust regime, the State Antitrust Enforcement Venue Act has shown greater potential of being passed. What is at stake here? Yee Wah Chin, Counsel at Ingram Yuzek, speaks with Anora Wang and Alicia Downey about the arguments for and against exempting antitrust cases brought by state attorneys general from transfer and consolidation in a single venue. Listen to this episode to learn about the complexities in the proposed legal change and the potential implications if and when it is enacted. With special guest: Yee Wah Chin, Counsel, Ingram Yuzek Gainen Carroll & Bertolotti, LLP Related Links: Yee Wah Chin, The State Antitrust Enforcement Venue Act of 2021: A Counterproductive Solution in Search of a Problem (January 10, 2022), New York Law Journal Vol. 267 No. 6 (2022) Hosted by: Anora Wang, Arnold & Porter and Alicia L. Downey, Downey Law LLC
Sep 26, 2022 · 32 min
#188 What Makes a Maverick? Merger Analysis and Competitive Disruptors
The 2010 FTC/DOJ Horizontal Merger Guidelines indicate that merger review should consider whether a proposed merger may lessen competition by eliminating a "maverick" firm that plays a disruptive role in the market to the benefit of consumers. But how do we know when a proposed merger involves such a maverick? In this episode, hosts Alicia Downey and Matt Reynolds talk with Baker Botts LLP partner and DOJ alumna Taylor Owings about what she thinks should be the defining features of maverick firms. Listen to this episode to learn more about the theory of "disruptive innovation," the maverick concept, and their potential roles in merger analysis. With special guest: Taylor M. Owings, Partner, Baker Botts LLP Related Links: Taylor M. Owings, "Identifying a Maverick: When Antitrust Law Should Protect a Low-Cost Competitor", 66 Vand. L. Rev. 323 (2013) Clayton M. Christensen et al., "What Is Disruptive Innovation?", Harv. Bus. Rev., Dec. 2015 Edgewell Personal Care Company and Harry's, Inc. (FTC case page) U.S. v. H&R Block, Inc., et al. (DOJ case page) Check out two of Taylor's favorite board games: Cyclades | Board Game | BoardGameGeek Power Grid | Board Game | BoardGameGeek And a card game that Taylor and Matt both enjoy: Dominion | Board Game | BoardGameGeek Hosted by: Alicia L. Downey, Downey Law LLC and Matthew J. Reynolds, Partner, Huth Reynolds LLP
Sep 19, 2022 · 38 min
#187 What Has Changed (or Not) in 14 Years? Conversation With Steve Harris on the Development of China's Anti-Monopoly Law
The Anti-Monopoly Law (AML) is China's principal antitrust statute, as recently amended in August 2022, exactly 14 years after its inception. What has changed about China's antitrust regime over the years? Steve Harris, respected practitioner and thought leader on Asian antitrust laws, speaks with Anora Wang and Christina Ma about his experiences with and perspectives of the AML, enforcement, and relevant agencies. Listen to this episode to learn about the significant developments of China's antitrust law. With special guests H Stephen Harris Jr., Attorney at Law Related Link: American Bar Association Comments on Five Draft Provisions Implementing the Anti-Monopoly Law of China (August 18, 2022) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen, & Katz
Sep 14, 2022 · 21 min
#186 Who Is John Roberti? A Conversation With John Roberti
John Roberti, one of the founders of Our Curious Amalgam and a longtime leader in the ABA Antitrust Law Section, just wrapped up his term as co-chair of the committee that produces our weekly podcasts. Looking back, what does John think about the evolution of OCA and what does he hope will be his legacy? To find out, Christina Ma and Alicia Downey interviewed John for a special farewell episode. Listen to this episode for stories about the early days of OCA and John's unique take on what it means to be from Delco. With special guests: John Roberti, Partner, Cohen & Gresser LLP Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC
Sep 12, 2022 · 26 min
#185 Who Is Tom Zych? Meet the 2022-23 Chair of the ABA Antitrust Law Section
Tom Zych of Cleveland, Ohio has taken on the big job of chairing the Antitrust Law Section for the 2022-23 ABA year. Who is the Section's new chair and what makes him tick? In this episode Alicia Downey and Matt Reynolds talk to Tom about what he'll focus on during his term and the legacy he hopes to leave behind. Listen to this episode to get to know Tom and, as a bonus, meet Mark Butscha, who will serve in the important role of Counsel to the Chair. With special guests: Thomas F. Zych, Partner, Thompson Hine LLP and Mark R. Butscha, Jr., Partner, Thompson Hine LLP Related Link: ABA Antitrust Law Section - Home Hosted by: Alicia L. Downey, Downey Law LLC and Matthew J. Reynolds, Huth Reynolds LLP
Sep 5, 2022 · 32 min
#184 Part II: One, Two, Three Strikes You're Out? A Two-Part Discussion With the Defense Lawyers in the Three Part Chicken Price-Fixing Trials
A Denver jury recently acquitted defendants in the highly publicized third criminal trial involving allegations of price fixing in the chicken industry. What led to that not guilty verdict? Defense attorneys Rick Kornfeld and David Beller join Jaclyn Phillips and Christina Ma in a two-part series discussing the trials, strategy, and lessons learned. Listen to Part II today and hear Rick & David's reflections on the three trials--from simplifying complex themes to diversity in the courtroom. With special guests: Rick Kornfeld, Shareholder, Recht Kornfeld PC and David Beller, Shareholder, Recht Kornfeld PC Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen, & Katz and Jaclyn Phillips, Associate, White & Case LLP
Aug 29, 2022 · 29 min
#183 Part I: One, Two, Three Strikes You're Out? A Two-Part Discussion With Defense Lawyers in the Three Part Chicken Price-Fixing Trials
A Denver jury recently acquitted defendants in the highly publicized third criminal trial involving allegations of price fixing in the chicken industry. What led to that not guilty verdict? Defense attorneys Rick Kornfeld and David Beller join Jaclyn Phillips and Christina Ma in a two-part series discussing the trials, strategy, and lessons learned. Listen to Part I today and hear all about the allegations and evidence, how the case evolved over time, and reflections on this historic outcome. With special guests: Rick Kornfeld, Shareholder, Recht Kornfeld PC and David Beller, Shareholder, Recht Kornfeld PC Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen, & Katz and Jaclyn Phillips, Associate, White & Case LLP
Aug 22, 2022 · 23 min
#182 Putting Equity Into Section 8? A Deeper Dive Into What Increased Enforcement Could Mean for Private Equity and Beyond
In a time of increased uncertainty surrounding antitrust issues, Section 8 of the Clayton Act and private equity firms have recently become two topics of interest. What are the implications of recent comments from enforcers on these issues? Ken Schwartz, antitrust partner at Skadden, joins Christina Ma and Jaclyn Phillips to discuss the current landscape around Section 8 as an enforcement tool and private equity transactions. Listen to this episode to hear more about what changes we may (or may not) see going forward. With special guest: Kenneth B. Schwartz, Partner, Skadden Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, White & Case LLP
Aug 15, 2022 · 39 min
#181 Are We Understanding the Changes? Evaluating the Antitrust Assumptions
The bases for the enhanced antitrust enforcement programs at the Antitrust Division have been discussed often but understood rarely. What are the key assumptions that are being challenged as part of the new antitrust regime? David Lawrence, Policy Director at the Department of Justice Antitrust Division, joins John Roberti, Anant Raut and Aaron Yeater to discuss four key assumptions that new enforcers view with skepticism. Listen to this episode to understand better what is animating enforcement at the Antitrust Division. With special guest: David Lawrence, Policy Director, U.S. Department of Justice Antitrust Division Related Link: https://www.justice.gov/opa/speech/antitrust-division-policy-director-david-lawrence-delivers-keynote-hal-white-antitrust Hosted by: John Roberti, Cohen & Gresser LLP, Aaron Yeater, Analysis Group, and Anant Raut
Aug 8, 2022 · 44 min
#180 An Overlooked Battleground? Antitrust Issues Before the U.S. International Trade Commission (USITC)
The United States International Trade Commission (ITC) may have been a familiar forum to parties in international trade to address disputes over intellectual property rights. But can the ITC also be an alternative adjudication body for private antitrust litigation? The Honorable F. Scott Kieff, Professor of Law at the George Washington Law School and former USITC commissioner speaks with Anora Wang and Christina Ma on the ITC's design, the agency's Section 337 docket, and ITC proceedings involving antitrust. Listen to this episode to learn about the ITC as an agency and its relevance to competition. With special guest: F. Scott Kieff, Fred C. Stevenson Research Professor of Law, George Washington University Law School Related Links: 1. F. Scott Kieff, Private Antitrust at the U.S. International Trade Commission, 14 J. Comp. L. & Econ. 46 (2018) 2. F. Scott Kieff, "A Soup to Nuts Overview of a Job Search: A Common Sense Primer for Law Students" (2009) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
Aug 1, 2022 · 34 min
#179 What Have We Learned From Empirical Studies? Potential Antitrust Concerns Arising From Common Ownership
There is a growing interest in understanding the "ownership interests hypothesis," i.e., whether investors holding interests in competing firms will soften firms' incentives to compete and generate anticompetitive effects. But what do the data show? Isabel Tecu, principal at Charles River Associates and co-author of a leading study on common ownership focusing on the airlines industry, discusses her observations and insights with Anora Wang and Christina Ma. Listen to this episode to learn about the knowns and unknowns from the empirical evidence as well as implications for competition policy. With special guest: Isabel Tecu, Principal, Charles River Associates Related Links: 1. José Azar, Martin C. Schmalz & Isabel Tecu, Anticompetitive Effects of Common Ownership (Working Paper, 2014) 2. Isabel Tecu, "Anticompetitive Effects of Common Ownership" at Seven Years, Antitrust Magazine, Volume 36, Issue 1 (Fall 2021) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
Jul 25, 2022 · 40 min
#178 What's the Role of FTC's General Counsel? A Conversation with Alden Abbott on Historical and Current Issues
The FTC's General Counsel (GC) is the agency's chief legal officer and adviser that provides counsel on various issues of law and policy and represents the agency in court. What are some of the most regular and important issues at the FTC's GC office? Prof. Alden Abbott, former FTC GC and current Senior Research Fellow at George Mason University's Mercatus Center, speaks with John Roberti and Anora Wang on issues including the Administrative Procedure Act, which can be critical especially when the agency expands or restricts its authorities. Listen to this episode to better understand the FTC's GC role. With special guest: Alden Abbott, Senior Research Fellow, Mercatus Center at George Mason University Related Links: Alden Abbott, FTC Competition Regulation: A Cost-Benefit Appraisal (June 28, 2021) Hosted by: John Roberti, Cohen & Gresser and Anora Wang, Arnold & Porter
Jul 18, 2022 · 29 min
#177 Who Is Cani Fernández? Meet the President of the Spanish National Markets and Competition Commission.
The Section Lunch at the Antitrust Law Section's Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Jaclyn Phillips ask Cani Fernández, President of the Spanish National Markets and Competition Commission, to talk about Spain's competition regime, newsworthy accomplishments of the Commission under her leadership, and her own professional journey. With special guest: Cani Fernández, President of the Spanish National Markets and Competition Commission Related Link: Spanish National Markets and Competition Commission Hosted by: Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP
Jul 11, 2022 · 37 min
#176 Are We Thinking About Innovation the Right Way? The Role of Dynamic Efficiency in Competition Policy
Amidst the current momentum for antitrust reform, are U.S. lawmakers and enforcers thinking about the role of innovation in the right way? Aurelien Portuese, Director of the Schumpeter Project on Competition Policy at the Information Technology and Innovation Foundation, joins Sergei Zaslavsky and Sarah Zhang to discuss the concept of dynamic efficiency and how antitrust should feature innovation as a central concern. Listen to this episode if you want to learn more about the importance of innovation to competition policy, the relationship between innovation and market power, and whether contemplated antitrust reforms sufficiently take innovation into account. With special guest: Aurelien Portuese, Director of the Schumpeter Project, ITIF Related Link: Aurelien Portuese biography Hosted by: Sergei Zaslavsky and Sarah Zhang
Jul 4, 2022 · 31 min
#175 Who Is Michal Halperin? Meet the Former Director-General of the Israeli Competition Authority
The Section Lunch at the Antitrust Law Section's Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Elyse Dorsey ask former Israeli Competition Authority Director-General Michal Halperin to talk about Israel's competition regime, newsworthy accomplishments of the Competition Authority under her leadership, and her own professional journey. With special guest: Michal Halperin, Senior Fellow, Mossavar-Rahmani Center for Business & Government, Harvard Kennedy School Related Link: Israeli Competition Authority Hosted by: Alicia Downey, Downey Law LLC and Elyse Dorsey, Kirkland & Ellis LLP
Jun 27, 2022 · 24 min
#174 Who Is Rahat Kaunain Hassan? Meet the Chairperson of the Competition Commission of Pakistan
The Section Lunch at the Antitrust Law Section's Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Anant Raut ask Rahat Kaunain Hassan, Chairperson of the Competition Commission of Pakistan, to talk about Pakistan's competition regime, some of the Commission's most newsworthy accomplishments under her leadership, and her own professional journey. With special guest: Rahat Kaunain Hassan, Chairperson, Competition Commission of Pakistan Related Links: Competition Commission of Pakistan Website The Sugar Cartel Order dated 13 August 2021 The RPM Order in the Home Appliances Market dated 11 March 2022 (Haier/DEL Order) CCP's in-house documentary in celebration of Women's Day 2021, highlighting the experiences of CCP's female officers "Remedy" - poem by Rahat Kounain Hassan Hosted by: Alicia Downey, Downey Law LLC and Anant Raut
Jun 20, 2022 · 27 min
#173 Who Is Alejandra Palacios? Meet the Former Chair of the Mexican Federal Economic Competition Commission (COFECE)
The Section Lunch at the Antitrust Law Section's Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Anora Wang ask former COFECE Chair Alejandra Palacios to talk about Mexico's competition regime, newsworthy accomplishments of COFECE under her leadership, and her own professional journey. With special guest: Alejandra Palacios, Senior Fellow at the Sol Price School of Public Policy at the University of Southern California (USC) Related Links: COFECE - Federal Economic Competition Commission A converging competition agenda for the prosperity of Mexico and the United States Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter
Jun 13, 2022 · 37 min
#172 Biologically Similar but Competitively Not So? Economic Considerations of IP Litigation Settlements Involving Biosimilars
Under the U.S. Supreme Court case FTC v. Actavis (2013), antitrust analysis of "reverse settlements" of IP litigations between makers of branded small molecule drugs and generics requires an analysis under the rule of reason. Are there distinct challenges presented by settlements between branded biologics and biosimilars? Sean Sheridan and Archan Ruparel, principals at Charles River Associates, speak with Anora Wang and Christina Ma on the complexities of negotiating patent settlements involving biosimilars. Listen to this episode to learn about pharmaceutical entry, price erosion, and more. With special guests: Sean Sheridan, Principal, Charles River Associates and Archan Ruparel, Principal, Charles River Associates Related Link: Sean Sheridan and Archan Ruparel, FDA Biosimilar Approval Foreshadows IP Litigation Issues (September 15, 2021) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
Jun 6, 2022 · 29 min
#171 Can the Federal Trade Commission Use Rulemaking To Change Antitrust Laws? A Closer Look at the Administrative Law Challenges With Prof. Richard Pierce
The U.S. Federal Trade Commission's current leadership has a vision for changing various aspects of antitrust laws through rulemaking. But can the FTC's rulemaking withstand administrative law challenges in federal court? Richard Pierce, renowned administrative law scholar and professor at The George Washington University, walks through the FTC's proposals and potential administrative law challenges with Anora Wang and Christina Ma. Listen to this episode to learn about the legal bases, limitations, and challenges to FTC rulemaking. With special guest: Richard J. Pierce Jr., Lyle T. Alverson Professor of Law, The George Washington University Law School Related Links: Richard J. Pierce Jr, Can the Federal Trade Commission Use Rulemaking to Change Antitrust Law? (2021) Richard J. Pierce Jr, Important Changes at the Intersection of Antitrust and Administrative Law (2022) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
May 30, 2022 · 35 min
#170 True Crime? An Investigation Into DOJ's Recent Policy Change on Criminal Monopolization Prosecutions
In March 2022, the U.S. DOJ made headlines with the announcement it is considering bringing criminal monopolization cases under Section 2 of the Sherman Act for the first time in nearly fifty years. But is there any precedent that can help us understand what criminal prosecution of monopolization conduct would look like? Tiffany Rider and James Hunsberger of Axinn join John Roberti and Jaclyn Phillips to walk us through the decades-old case law and lay out the challenges DOJ might face trying to bring these cases under the modern antitrust framework. Listen to this episode to learn about whether the past can tell us anything about what DOJ will do in the future. With special guests: Tiffany Rider, Partner, Axinn and James Hunsberger, Counsel, Axinn Related Link: Axinn Antitrust Insight: DOJ Officials Raise Specter of Criminal Monopolization Prosecutions Hosted by: John Roberti, Partner, Cohen & Gresser and Jaclyn Phillips, Associate, White & Case LLP